IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 2924 of 2012 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR.JUSTICE MOOL CHAND TYAGI ==========================================================

Approved for Reporting Yes No ==========================================================

RAJESH VELJIBHAI RADADIYA Versus GUJARAT STATE ROAD TRANSPORT CORPORATION & ANR.

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Appearance:

MR BHARAT V SHAH(3960) for the Appellant(s) No. 1 MR. HEMAL SHAH(6960) for the Appellant(s) No. 1 MS HINA DESAI(1023) for the Defendant(s) No. 1 UNSERVED EXPIRED (R) for the Defendant(s) No. 2 ==========================================================

CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 23/03/2026

JUDGMENT

1. The captioned appeal has been preferred against the impugned judgment and award dated 10.02.2010 passed by the learned Motor Accident Claims Tribunal (Aux.), Gondal, Camp at Jetpur, Rajkot, in M.A.C.P. No. 374 of 2001, whereby the learned Tribunal had partly allowed the Claim Petition and awarded a sum of Rs.3,00,500/- along with interest at the rate of 9% per annum, from the date of filing of the claim petition till its realization, and held original opponent Nos.2/respondent No.2 – herein - rider of the motorcycle bearing registration No.GJ-3CC-3824 liable to pay the awarded amount of compensation to the original claimant/appellant herein and exonerated the original opponent No.1/respondent No.1 herein – Gujarat State Road Transport Corporation from its liability to satisfy the award.

2. The succinct facts, which led to the filing of the captioned appeal, as explained by the learned counsel for the appellant and as narrated in the Claim Petition are summarized as under:-

i. On 22.04.2001, Original Claimant/appellant herein was travelling as a pillion rider in a motorcycle bearing registration No.GJ-3CC-3824. The said motorcycle car was being driven by original opponent No.2/respondent No.2 herein, at very moderate speed and by observing traffic rules. When they reached the place of accident, the rider of the motorcycle - original opponent No.2/respondent No.2 herein, after blowing the horn in order to overtake an S.T. Bus bearing registration No.GJ-1-Z-4670, proceeded forward to overtake, however, the driver of the ST bus, lost control over the steering of the bus upon reaching a curve, leaving no space for the motorcycle to overtake and resultantly, motorcycle on which the claimant was travelling hit the middle portion of the S.T. Bus, thereby causing the vehicular accident. As a result of the said vehicular accident, the original claimant/appellant herein sustained grievous injuries to his body.

ii. It is also the case of the original claimant/appellant herein that he has sustained grievous injuries in the vehicular accident and his right leg was amputated above the knee. Therefore, Claim Petition was preferred before the learned Tribunal seeking compensation to the tune of Rs.5,00,000/-.

iii.Having been served with the notices/summons of the Claim Petition, original opponent No.1/respondent Nos.1 herein – Gujarat State Road Transport Corporation herein, filed its Written Statement, thereby denying the averments made in the Claim Petition, and in brief, prayed for dismissal of the Claim Petition.

iv. Having considered the pleadings, evidence on record and the submissions advanced by the learned counsels for the respective parties, the learned Tribunal partly allowed the Claim Petition and awarded a sum of Rs.3,00,500/- along with interest at the rate of 9% per annum, from the date of filing of the claim petition till its realization, and held original opponent Nos.2/respondent No.2 herein - rider of the motorcycle bearing registration No.GJ-3CC-3824 liable to pay the awarded amount of compensation to the original claimant/appellant herein, and exonerated the original opponent No.1/respondent No.1 herein – Gujarat State Road Transport Corporation from its liability to satisfy the aw